Redway v. Chapman

It appears from the record in this case that judgment was rendered in the court below on the 7th day of June, 1870, and that the appellants have failed to prosecute their appeal.

The respondent presents to this court a perfect transcript, and asks for an affirmance, with ten per cent, damages.

An affidavit is filed on the opposite side from the clerk of the court, stating that owing to a press of business he was unable to make out the record in time for the sitting of the appellate court; and another affidavit is also filed stating that the transcript was ordered in time, but the clerk…